Sorry to labour the point here, but you seem to be suggesting that there
is a blanket exemption from the need to comply with the fair processing
code for crime detection and prevention. This is not so - the exemption
only applies to the extent to which compliance would prejudice the
purpose of the processing. You can't justify not having signage by
quoting this exemption, except in circumstances where you can clearly
demonstrate that having them would prejudice this purpose.
[log in to unmask] wrote:
>
> In a message dated 14/02/2001 13:02:24 GMT Standard Time,
> [log in to unmask] writes:
>
> << Surely the exemption from the subject information provisions for crime
> and taxation purposes only applies to the extent that compliance with
> the provisions would be prejudicial to the purpose? If you don't have
> signs for your CCTV cameras, aren't you in effect carrying out covert
> surveillance? How could you justify this where, for example, you
> monitor a car park with CCTV? >>
> ----------
> The exemption I was referring to was in relation to the First Principle -
> informing the person of the identity of the controller and the purposes for
> which the data will be processed. NB you still have to meet Sched 2&3
> conditions. Covert surveillance can be carried out where a specific crime
> has been identified (eg car theft) and so a camera could be installed without
> signs to gather evidence. It could then be disclosed under s29(3) and would
> be exempt from s7 if supplying it to a data subject would prejudice the
> criminal inquiry.
>
> However, my advice would be to have signs up as it would allow other uses of
> the images if necessary.
>
> And the sign may act as a deterrent.
>
> Ian B
> MD
> Keep IT Legal Ltd
>
> Please Note: The information contained in this document does not replace or
> negate the need for proper legal advice and/or representation. It is
> essential that you do not rely upon any advice given without contacting your
> solicitor. If you need further explanation of any points raised please
> contact Keep I.T. Legal Ltd at the address below:
>
> 55 Curbar Curve
> Inkersall, Chesterfield
> Derbyshire S43 3HP
> (Reg 3822335)
> Tel: 01246 473999
> Fax: 01246 470742
> E-mail: [log in to unmask]
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